General Policies and Terms
Project Description, Inclusions and Payment Schedule.
By submitting the deposit, Client is agreeing to the project terms described in the project quote, terms of service provided by Victoria Keale and understand the design process associated with the project. Any changes to the terms, project inclusions or payment schedule must be requested in writing and accepted by a representative of Victoria Keale.
Payments for the quoted project must be made by the terms described in the quote. Failure to comply with payment terms will result in a delay or cancellation of the project.
Credit
Victoria Keale (or the specific designer working on the project) is to receive design credits for the project. Design credit must be present on the project as long as it remains “live”. Client must submit a written request to buy-out the design credit, and fees will apply.
Ownership of Work.
Upon full payment of fees, general project ownership is turned over to the Client. Portions of the project that are licensed through 3rd parties, including graphics, source code or other parts of the project remain the property of the original creator. Client understands what portions of the project are used under license and will respect the redistribution rights. Victoria Keale will not be held responsible for Client misusing licensed property.
Project Schedule / Delivery
The Client is responsible for meeting all deadlines associated with the project. If the Client cannot meet the deadline, the project will be rescheduled per Victoria Keale. If the Client cannot meet the deadline of a rescheduled project, the deposit is forfeited and the project will be canceled.
Project completion is considered final when client provides final approval of the project and the project is launched. Client agrees to adhere to the project inclusion list when reviewing the project for final approval. Portions of the project not included in the original project inclusion list will be completed based on the availability of the designer and will incur additional fees.
Victoria Keale fully understands that projects can evolve throughout the design process. Victoria Keale will make every effort to comply with Client requests if the changes can be fit reasonably into the original allotted time given to the project. Client understands these changes may incur additional fees. If changes cannot be reasonably fit into the allotted time, Client understands that portions of the project may be scheduled on a future date and payment for all services must be made on original due date.
Future Work
Client understands that any work requested to the project outside of the original terms will be completed at the current hourly rate. If Client elects to hire a 3rd party to edit or change the source code or site files originally created by Victoria Keale, Victoria Keale is not responsible for “fixing” source code or site files without incurring additional fees.
Liability
Victoria Keale agrees to complete project based on terms in project quote. Victoria Keale does not assume responsibility for project performance. Victoria Keale is not responsible for down time associated with 3rd party software or server issues. Client understands the risks associated with 3rd party software.
Cancellation
Client has read and understood the terms of service posted on the Victoria Keale website and agrees to all refund and cancellation policies.
Confidentiality
All correspondence and documents provided to Victoria Keale will be treated as confidential between Client and Victoria Keale, unless consent has been granted by both parties involved.
Product Information, Rules and Restrictions
All Projects are assigned a Project Week and Launch Date. All necessary materials must be supplied to Victoria Keale by close of business the Friday prior to the Project Week. Information that was requested but not received on the deadline may be required for project start, causing the Project Week to be delayed. Please make sure you read over all communications carefully.
We will not start work on your project until necessary payments have been made. We expect the same level of commitment from our clients that we give to our clients.
If you are submitting existing artwork, please supply the original design file, if possible. Design work that includes existing artwork may incur additional fees if it is necessary for us to manipulate the artwork. Acceptable file formats are: jpg, gif, tiff, pdf, psd (preferred) or ai. We will not hunt down artwork from 3rd parties, pull graphics from other websites or use copy written artwork without written consent from the owner. That includes anything at all downloaded from the web.
For all projects needing hosting, please supply either: login/password for hosting account or FTP credentials. Your information is considered confidential and will not be shared with anyone. We store all confidential information on an external hard drive with multiple firewalls (4) and ESET anti-virus protecting it. If you would like your confidential information destroyed after the project, please let us know and we will remove all information from our drives.
All graphic design services are assigned a limited number of samples and variations of those samples. The default number of design revisions is 3, unless another number is specified. Any additional samples or variations may incur an additional fee. If you are not satisfied with the samples & variations you receive, you have the option of upgrading your package to receive more samples or ending the project. If you choose to end the project you will be billed for the remainder of the package (if applicable) and sent the design files that have been developed to-date.
You are responsible for creating your own content. Subscription code insertion is included in many packages, however you are responsible for creating shopping cart code, autoresponder programs and any other code from outside parties. Victoria Keale does include product/autoresponder creation in some packages and with some services (per agreement), however those services are limited to the most common programs our clients use. If you choose to use an email marketing program or shopping cart outside our list of applicable programs, you are solely responsible for those programs. Please send in a list of programs and/or software you may be needing assistance with and we will send you more information if we are able to comply.
If you are hosting your site on a server other then Victoria Keale server, you are responsible for the upload of the site unless otherwise discussed and agreed upon prior to site launch.
Package substitutions must be requested within 10 days of deposit and may incur additional fees
Additional Rules and Regulations May Apply. Please contact Victoria to discuss package restrictions.
Refund Policy
I understand when things get crazy and plans don’t go through. If you’ve signed up for any of my packages and have decided that now is not the time, your deposit is refundable – 100% within 48 hours if I have not started the project. You MUST submit your request in writing (i.e. email) and receive a response from me confirming that I received your request! Please allow 4 weeks to process your refund.
Your deposit will be forfeited if you do not notify me that the project has been canceled within 48 hours of the start date. If you would like to reschedule your project, please notify me within 48 hours of the start date. You MUST submit your request in writing (i.e. email) and receive a response from me confirming that we received your request! Your project will be rescheduled to the next available opening on my schedule.
If I have begun the design work and you decide not to complete the project within 24 hours of the start date, your package rate is refundable minus the hours already worked, at $65/hour. This includes design work and planning calls. If you decide to cancel 24 hours after the start date, the payments made to-date are forfeited and all applicable fees associated with the work-to-date will be billed to you. All portions of the project are tracked and hours will be calculated and send to you.
Victoria Keale reserves the right to cancel projects and will refund all fees associated with the project (minus $65/hr for work already created) if the project is canceled due to inability to complete it (i.e for personal reasons, illness or emergency). However, we will do everything possible to reschedule the project in the event of a problem. If the project is canceled due to clients failure to comply with the terms and conditions specified in their contract, poor working conditions created by the client, or inability to contact the client, the payments made to-date are forfeited.
The agreement contained on this site [in conjunction with the final design agreement and submission of deposit] constitutes the sole agreement between Victoria Keale and the client regarding the website project. Any additional work not specified in the contract must be authorized by a written change order. All prices specified in the contract will be honored for four (4) months after both parties sign this contract. Continued services after that time will require a new agreement.
Acceptance of this contract is acknowledged with payment of deposit. Any change requests made to this design quote must be made prior to deposit. Change requests after the deposit has been made may be subject to additional fees.
Questions and requests for quote alterations can be submitted to victoria@lynnraedesigns.com.
